“But I am speaking as if laws, clumsy and barbarous as they are, were
at least clear and precise. But much is necessary for them to become
so. The ‘gramarye’ of a wizard would be easy to understand compared
with many of the articles in our codes and case-law. This difficulty of
interpretation has greatly contributed to the establishing of divers
degrees of jurisdiction, and we admit that what the manorial court
has not understood the Parliamentary gentlemen will make clear. It is
expecting a great deal from five men in red robes and square caps,
who even after having recited the _Veni Creator_ are still subject to
error; and it is better to acknowledge that the highest court judges
without further appeal, for the sole reason, that the others were
exhausted before recourse was had to this. The prince is himself of
this opinion, for he has a judgment-seat[16] above the Parliament.”
FOOTNOTES:
[16] The institution styled _lit de justice_, bed of justice.
XXII
JUSTICE (_concluded_)
My good master looked sorrowfully at the flowing water, an image of
this life, where all things pass and nothing changes. He pondered for
some time and then continued in a low voice:
“That point is of itself, my son, an insurmountable perplexity to
me, that it is needful that justice should come from judges. It is
clear that they are interested in finding guilty the man whom they at
first suspected. _Esprit de corps_, so strong among them, pushes them
to it, and so you may see throughout their procedure how they brush
aside the defence as importunate, and only allow it a hearing when
the prosecution has donned its arms and composed its countenance, and
has, in fact, contrived to assume the air of the Goddess of Wisdom. By
professional feeling they are inclined to see guilt in every accused
person, and their zeal appears so alarming to certain European nations
that, in important cases, they give them the help of twelve men, drawn
by lot. Whereby, it appears, blind chance is a better guarantee of the
life and liberty of the accused than can be the enlightened conscience
of a judge. It is true, however, that these bourgeois magistrates,
drawn by lot, are kept out of the affair, of which they see but the
outside pomp and show. And it is also true that, ignorant of the
law, they are not called upon to apply it, but to decide merely, in
one word, whether it is a case for applying it. It is said that this
kind of assize results sometimes in absurdities, but that the nations
who have instituted it are attached to it as a kind of very precious
safeguard. I willingly believe that. And I understand their accepting
decrees given in such fashion, which may be inept or cruel, but at
least whose absurdity and barbarity cannot be imputed to one person,
so to speak. Iniquity seems bearable when it is incoherent enough to
appear involuntary.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account